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2oioo5440 <br />Trustor subject to Beneficiary's approval, which shall not be unreaspnably withheld. If Trustor fails m maintain <br />the coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage tp protect 8anaficiery's <br />rights in the Property according to the terms of this peed of Trust. <br />All insurance policies and -enOWals shall be acceptable to Beneficiary and shall include a standard "mortgage <br />clause" and, where applicabl®, banaficiary loss payee clause." Trustor shall immediately notify Beneficiary of <br />cancellation ar termination of the insurance. Beneficiary shall have the right to hold the policies and renewals. If <br />Beneficiary requires, Trustor shall immediately give to Beneficiary aN receipts of paid premiums and renewal <br />notices, Upon loss, Trustor shall give immediate notice tp the insurance carrier and Beneficiary. Beneficiary may <br />make proof of lass if not made immediately by Trustor. <br />Unless Beneficiary end Trustor ptherwise agree in writing, insurance proceeds shall be applied to restoration or <br />repair of the Property damaged if the restoration or repair is economically feasible end Beneficiary's security is <br />not lessened. If the raatorstipn pr repair is not aaonnmloelly feaSlbla or Baneflclary's SeCUrlty WpUld be lessened, <br />the insurance proceeds shall be applied to the Secured Debt, whether or opt than due, with any excess paid to <br />Trustor. If Trustor abandons the property, ar does not answer within 3D days a notice Pram Beneficiary that the <br />insurance Harrier has pffered tp settle a claim, then Beneficiary may collect the insurance proceeds. Beneficiary <br />may use the proceeds to repair or restore the Property or to pay the Secured Debt whether nr not then due. Tha <br />80-day period will begin when the notice is given, <br />Unless eenafioiary end Trustpr otherwise agree in writing, any application of proceeds to principal shall not <br />extend or paatpone the due date of scheduled payments or change the amount of the payments. If the Property <br />is acquired by Beneficiary, Trustnr's right m any insurance policies and proceeds resulting frpm damage to the <br />Property before the acquisition shall pass to Beneficiary to the extent of the Secured gabt immediately before <br />the acquisition. <br />B. Trustor agrees to maintain comprehensive general liability insurance naming Beneficiary es an additional insured <br />in an amount acceptable to Beneficiary, insuring against claims arising from any accident or occurrence in nr on <br />the Fraperty. <br />C. Trustor agrees to maintain rental lase or business interruption insurance, as required by Beneficiary, in an <br />amount equal to at least coverage of one year's debt service, and required escrow account deposits lif agreed to <br />separately in writingl, under a form of policy acceptable to Beneficiary. <br />22. NO ESCROW FOR TAXES AND INSURANCE. Unless ptherwise provided in a separate agreement, Truster will not be <br />required to pay to Beneficiary funds for taxes and insurance in escrow. <br />23. FINANCIAL REPORTS AND ADDITIONAL DpCUMENT3. Truster will provide to Beneficiary uppn request, any financial <br />statement nr information Beneficiary may deem necessary. Trustor warrants that all financial statements and <br />information Trustor provides to Beneficiary are, or will be, accurate, correct, and complete. Trustor agrees to sign, <br />deliver, and file as Beneficiary may reasonably request any additional documents ar certifications that Beneficiary may <br />consider necessary to perfect, continue, and preserve Trustor's obligations under this peed of Trust and Beneficiary's <br />lien status on the Property, If Trustpr fails to do so, Beneficiary may sign, deliver, and file such documents or <br />certificates in Trustor's name and Truster hereby irrevpcably appoints Beneficiary or Beneficiary's agent as attorney in <br />fact to do the things necessary to cpmply with this section. <br />24. JOINT AND INDIVIDUAL LIABILITY• CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Deed <br />of Trust are joint and individual, If Trustor signs this Deed of Trust but does not sign the Evidence of Debt, Truster <br />does so only to mortgage Trustor's interest in the Property to secure payment of the Secured bebt and Trustor does <br />not agree to 6a personally liable on the Secured petit. Trustor agrees that Beneficiary and any party to this Deed of <br />Trust may extend, modify or make any change in the terms of this Deed of Trust ar the Evidence of Debt without <br />Truator's consent. Such a change will nqt release Trustor from the terms of this peed of Trust. The duties and <br />benefits of this Deed of Trust shall bind and benefit the successors and assigns of Trustor and Beneficiary, <br />If this Deed of Tryst secures a guaranty between Beneficiary and Trustor and dose not directly secure the obligation <br />which is guarantied, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim <br />against Trustpr ar any party indebted under the pbligation including, but oat limited to, anti-deficiency nr pne-action <br />laws. <br />26. APPLIGAflLE LAW; SEVERABILITY; INTLrRPRETATION. This peed of Trust is governed by the laws of the jurisdiction <br />in which Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction where the <br />Property is Ipcated, This peed of Trust is complete and fully integrated. This Dead of Trust may not be amended or <br />modified by oral agreement. Any section or clause in this peed of Trust, attachments, or any agreement related to the <br />Secured Debt that conflicts with applicable law will oat be effective, unless that law expressly pr impliedly permits the <br />variations by written agreement. If any section or clause of this Deed of Trust cannot be enforced according to its <br />terms, that section or clause will he severed and will not affect the enforpeability of the remainder of this peed of <br />Trust. Whenever used, the singular shall innluda the plural and the plural the singular. The captions and headings of the <br />seetions of this peed of Trust are for convenience only and era not to be used to interpret or define the terms of this <br />peed of Trust. Time is of the essence in this peed of Trust. <br />28. SUCCBt380R TRUSTEE. l3enaficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a <br />successor trustee by an instrument recorded in the county in which this Deed of Trust is recorded. Tha successor <br />trustee, without conveyance of the Property, shall succeed to all the title, power and duties conferred upon the <br />Trustee by this Deed of Trust and applicable law. <br />~~'^~J~ ~ lpayn 6 dr 9/ <br />®1993, 2tlb1 B"nkp{ yyrtame, I,w., S!. C/PW. MN Fwm AGCn-aE84NE 1/17IR009•'l <br />